100-year-old oak tree saved despite damaging woman’s house

By Filipa Gaspar

A 100-year-old oak tree has been saved from being chopped down despite causing damage to a woman's home.

Homeowner Jessica Ohren applied for permission to remove the tree, stating that it has caused "clear evidence of subsidence-related damage."

Ohren's agent said there was "significant" cracking to the internal and external walls of her conservatory.

They further claimed it also caused a sloping and cracking to the garage floor.

The ancient tree lies within the back garden of 5 Collet Way in Frome, Somerset.

But Somerset Council has refused Ohren request, arguing that the tree has "outstanding or special amenity value" and that removing it could actually worsen damage to the property.

They further claimed roots have been identified beneath the conservatory at depths of 500mm–1500mm, "directly within the foundation zone," making it "highly probable the tree is a principal contributing factor to the subsidence."

They stated: "While the tree has amenity value, it is now unsuitable for retention in its current location due to its direct impact on built structures.

"Consent for removal is therefore reasonably requested."

Local resident Julian Hight objected to the tree's felling, arguing that Ohren's garage and conservatory were built on "inadequate foundations".

He said: "The garage and conservatory were clearly built on inadequate foundations so close to an historic veteran oak that predates all buildings in the area by at least a century and likely very much more."

Another resident, Sally Nilsson objected to the tree's felling, arguing that it was Ohren's responsibility to ensure the stability of her house without damaging the local environment.

She said: "The house should never have been built so close to it.

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"The root system is at least as wide below ground as it is compared to the canopy above.

"The tree is now in full leaf and looks completely healthy.

"The house needs to be underpinned and the tree must be saved.

"Removing the tree could have significant issues to do with flooding and structure damage of the house.

"Ancient oak trees should never be felled because a developer decided to build a house next to it."

Frome Town Council also objected to this "high-value" tree being cut down which "predates the surrounding housing development and makes an important contribution to local amenity and character."

It said: "In the absence of an accompanying structural survey and supporting arboricultural evidence, there is insufficient justification to conclude that the alleged subsidence is directly attributable to the tree, to assess the extent and significance of any structural damage, or to demonstrate that felling represents the most appropriate solution as opposed to alternative mitigation measures."

The council refused the planning application, with planning officer Nick Ball saying: "(…) is in the interest of good arboricultural practice, because the building with damage doesn't meet the necessary building regulations, and due to the tree’s outstanding amenity value.

"It is now undisputed that ancient and veteran trees, and particularly oaks, collectively support greater habitat for biodiversity than any other habitat type in Europe.

"It is not enough simply to note the proximity of a building and a tree, and to deduce that the tree is responsible for any damage found in the building."

He added: "Pedunculate oak is a species associated with persistent soil moisture deficits.

"The oak covered this order is far older than number 5 Collett Way, therefore the tree may be causing a persistent

soil moisture deficit and if it were to be felled there may well be subsequent heave."

Ohren has not indicated whether she will challenge the council's decision through an appeal to the Planning Inspectorate.